The Rights of Persons with Disabilities Bill, 2014 was introduced
in the Rajya Sabha on February 7, 2013 by the Minister of Social Justice
and Empowerment, Mr. Mallikarjun Kharge.
The Bill repeals the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995.
Definition of disability: Disability is defined to include 19
conditions such as: autism; low vision and blindness; cerebral palsy;
deaf blindness; haemophilia; hearing impairment; leprosy; intellectual
disability; mental illness; muscular dystrophy; multiple sclerosis;
learning disability; speech and language disability; sickle cell
disease; thalassemia; chronic neurological conditions; and multiple
disability. Persons with benchmark disabilities are defined as those
with at least 40 per cent of any of the above specified disabilities.
Rights of persons with disabilities: The Bill states that persons
with disabilities shall have the right to equality and shall not be
discriminated against on grounds of their disability. Rights of
disabled persons include protection from inhuman treatment and equal
protection and safety in situations of risk, armed conflict,
humanitarian emergencies and natural disasters. All existing public
buildings shall be made accessible for disabled persons within five
years of the regulations being formulated by the National Commission for
Persons with Disabilities. No establishment will be granted permission
to build any structure, issued a completion certification or allowed to
occupy a building, if the building does not adhere to the regulations
formulated by the Commission.
Education, skill development and employment: The Bill provides for
the access to inclusive education, vocational training and
self-employment of disabled persons. All government institutions of
higher education and those getting aid from the government are required
to reserve at least five percent of seats for persons with benchmark
disabilities.
The central and state governments have to identify posts in
establishments under them to be reserved for persons with benchmark
disabilities. At least five percent of the vacancies are to be filled
by persons or class of persons with at least 40 percent of any of the
disabilities. Of this, one per cent shall be reserved for persons with
(i) blindness and low vision; (ii) hearing and speech impairment; (iii)
locomotor disability; (iv) autism, intellectual disability and mental
illness; and (v) multiple disabilities. The Bill provides that the
reservation has to be computed on the basis of total number of vacancies
in the strength of a cadre. The government may exempt any
establishment from this provision.
Legal Capacity: Disabled persons have the right, equally with
others, to own and inherit movable and immovable property, as well as
control their financial affairs.
Guardianship: The Bill provides that if a district court finds that
a mentally ill person is not capable of taking care of himself or of
taking legally binding decisions, it may order guardianship to the
person. The nature of such guardianship is also specified.
National and State Commissions for persons with disabilities: The
central and state governments are required to establish a National and
State Commissions for Persons with Disabilities, respectively. The
Commissions will be composed of experts and be required to (i) identify
any laws, policies or programmes that are inconsistent with the Act;
(ii) inquire into matters relating to deprivation of rights and
safeguards available to disabled persons, (iv) monitor implementation of
the Act and utilisation of funds disbursed by governments for the
benefit of disabled persons.
Central and state advisory boards: The central government and state
governments shall constitute Central and State Advisory Boards on
Disability. The boards shall advise governments on policies and
programmes on disability and review the activities of organisations
dealing with disabled persons.
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